The U.S. Supreme Court to Take on Public Employees’ Free Exercise in Public Schools

On January 14, 2022, the U.S. Supreme Court agreed to hear a case where the outcome may require public employers to reevaluate their policies regarding employees’ unprotected speech. [1]

[1] Kennedy v. Bremerton Sch. Dist., 991 F.3d 1004, 1010 (9th Cir. 2021), cert. granted, No. 21-418, 2022 WL 129501 (U.S. Jan. 14, 2022).

Campbell Litigation, P.C.January 20, 2022Establishment ClauseComment

SCOTUS Strikes Down the Biden Administration’s Vaccine-or-Testing Rule

Corey BartkusCampbell Litigation, P.C.January 13, 2022COVID-19 Vaccine SeriesComment

ICE Extends Form I-9 Compliance Requirements Due to COVID-19

The Department of Homeland Security (DHS) and U.S. immigration and Customs Enforcement (ICE) have extended flexibility in complying with the Employment Eligibility Verification (Form I-9) requirements until April 30, 2022 due to the ongoing COVID-19 pandemic.

Alison Lungstrum MacneillCampbell Litigation, P.C.January 6, 2022COVID-19Comment

CAMPBELL LITIGATION WISHES YOU A HAPPY, HEALTHY, AND SAFE NEW YEAR!

Campbell Litigation, P.C.December 30, 2021Comment

HAPPY HOLIDAYS FROM CAMPBELL LITIGATION, PC!

Campbell Litigation, P.C.December 23, 2021Comment

EEOC: Workers with Disabilities Stemming from COVID-19 May be Protected from Employment Discrimination

A COVID-19 diagnosis alone, however, is not enough.

Jordan BrickmanCampbell Litigation, P.C.December 16, 2021COVID-19, EEOCComment

Vaccine Mandate for Employers with Federal Contracts put on Hold Nationwide

A federal court has issued a nationwide injunction blocking the federal government from enforcing its upcoming vaccination requirements for employers awarded federal contracts.

Erik CanlserCampbell Litigation, P.C.December 9, 2021COVID-19 Vaccine Series, federal contractorsComment

Denver Joins Several Metro Counties in Enacting New Mask Mandates

A new round of mandates leaves Douglas and Broomfield Counties as the only counties in the Denver metropolitan area who have not instituted a mandate.

Corey BartkusCampbell Litigation, P.C.December 3, 2021COVID-19 Vaccine Series, Vaccine, vaccination, masksComment

Happy Thanksgiving from Campbell Litigation, P.C. !

We’ll be back next week!

Campbell Litigation, P.C.November 24, 2021Comment

Fifth Circuit Stays OSHA COVID-19 Emergency Temporary Standard Pending Judicial Review

The Fifth Circuit found OSHA exceeded its statutory authority in issuing the November 5, 2021, Emergency Temporary Standard applying COVID vaccination measures to all employers with 100 or more employees.

Jordan BrickmanCampbell Litigation, P.C.November 18, 2021OSHA, covid-19, ETSComment

“Reasonable Accommodation” under the ADA does not require employer accommodation for problems unrelated to the job and does not excuse employee from essential job functions.

Employers have no obligation under the Americans with Disabilities Act (ADA) to accommodate a disabled employee’s problems outside the workplace and unrelated to her essential job functions

Campbell Litigation, P.C.November 11, 2021Comment

Emergency OSHA Standard Requires Employers of 100 or More to Implement a COVID Vaccination Policy

OSHA has issued an Emergency Temporary Standard requiring employers with 100 or more employees to develop, implement, and enforce a COVID vaccination policy.

Campbell Litigation, P.C.November 4, 2021Comment

Four-Years-Younger Replacement Not Sufficient to Support ADEA Claim

The Tenth Circuit Court of Appeals upheld a lower court’s dismissal of a former firearms instructor’s lawsuit alleging he was demoted because of his age.

Waiting to Log onto Computer before Clocking in May be Compensable Time

The Tenth Circuit Court of Appeals found that call center employees must be paid for the time (approximately two (2) minutes) they wait for their computers to boot up before they can clock in for work.

Erik CanslerCampbell Litigation, P.C.October 21, 2021FLSA, Preshift activities, Call center agents, employeesComment

Mandatory Vaccinations – A Management Right or a Union Negotiation

Given President Biden’s executive order requiring companies with 100 or more employees to mandate the COVID-19 vaccination, unionized companies must consider whether the vaccine mandate is a mandatory subject of bargaining with its labor union or a management right to implement the rule.

Proposed New Colorado Wage-and-Hour Rules for 2022

The Colorado Dept. of Labor and Employment (CDLE) has proposed three new sets of wage-and-hour rules to go into effect January 1, 2022.

Erik CanlserCampbell Litigation, P.C.October 7, 2021CDLE, HFWA, COMPS, Fair Labor Standards Act, employeesComment

Ninth Circuit: Ex-Employee Must Arbitrate Claims that Occurred Prior to Entering into Arbitration Agreement

The Ninth Circuit Court of Appeals recently ruled that an employee’s arbitration agreement was enforceable as to complaints of sexual harassment and retaliation against her supervisors that occurred before she entered into the arbitration agreement.

Alison Lungstrum MacneillCampbell Litigation, P.C.September 30, 2021Arbitration, Ninth Circuit, employeeComment

Constitutional Challenge to Colorado’s Paid Family and Medical Leave

A Grand Junction-based custom home builder, Chronos Builders, LLC (“Chronos”) has filed a lawsuit challenging the constitutionality of Colorado’s Paid Family and Medical Leave (“PFML”) law.

Erik CanlserCampbell Litigation, P.C.September 23, 2021PFML, employers, employees, Colorado's paid family, Medical LeaveComment

The Challenging Landscape of the Employment Relationship – Is your Company Ready for the Adjustments?

Keeping abreast of ever-changing employment laws, both on the federal and state level, can be difficult for companies, especially those with employees in multiple states.

Stacey CampbellCampbell Litigation, P.C.September 16, 2021COVID-19, Workplace, Remote Work, SEC, Whistleblower, Union EmployeesComment

COVID-19 Vaccination Now Mandatory for Many Colorado Health Care Workers

The Colorado State Board of Health (CSBH) adopted an emergency rule mandating that all licensed healthcare facilities ensure their eligible employees, direct contractors, and support staff are fully vaccinated against COVID-19.

The Rocky Mountain Employer